M S HEGDE NAGARE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BY these petitions filed under Article 226 of the Constitution of India, petitioners who were the members of the karnataka State Judicial Service, in the cadre of District Judge and Civil judge (Senior Division) respectively, seek issuance of a writ in the nature of certiorari to quash the notification dated 13. 5. 2008 issued by the 1st respondent-State of Karnataka and for a mandamus to the respondents, to continue them in active service till they complete the age of 60 years and for consequential reliefs.

(2.) THE 3rd respondent, Registrar General, High Court of Karnataka, had sent a communication to the District Surgeon, Bangalore City, to examine the judicial officers named therein and to furnish immediately, a certificate as to whether, they are medically fit to continue in service beyond the age of 58 years, for taking further action as per Rule 95-A of the karnataka Civil Services Rules, 1958 (for short 'rules' ). Thereafter, petitioners have received a copy of the notification dated 13. 5. 2008 of the 1st respondent, whereby sanction/permission was accorded to retire them from service under Rule 95-A of the Rules on they completing the age of 58 years, with effect from 31. 5. 2008.

(3.) WE have heard Sri H. Subramanya Jois, learned Senior Counsel for the petitioners. We had directed the learned Government Advocate, smt. V. Vidya, to obtain from the Registrar General, High Court, all the records, which had led to the issue of the impugned communication in the writ petitions and to make available the records for our perusal. Accordingly, she made available all the records and we perused all the records relating to the continuance or otherwise of the service of judicial officers beyond the age of 58 years.